(1) Applicability.

1. (a) For each facility in each year that a toxics user is required to file a toxics use report in accordance with M.G.L. c. 21I, the toxics user shall pay to the department a toxics use fee calculated pursuant to 301 CMR 40.03.

(b) and (c) set forth the amount of the base fee, toxics fee and maximum fee.

1. (a) Base Fee. For each facility, a toxics user shall determine the base fee in accordance with the following chart:

Full-Time Individuals Employed Base Fee

10 - 49 $1,850.00 50 - 99 $2,775.00 100 - 499 $4,625.00 500 or more $9,250.00

1. (b) Toxics Fee. For each facility, a toxics user shall pay a toxics fee of $1,100.00 for each toxic manufactured, processed or otherwise used in amounts equal to or greater than the applicable threshold amount, except that there shall be no toxics fee for any toxic designated as a lower hazard substance pursuant to 301 CMR 41.00.
2. (c) Maximum Fee. For each facility, the maximum fee is listed below:

Full-Time Individuals Employed Maximum Fee

10 - 49 $5,550.00 50 - 99 $7,400.00 100 - 499 $14,800.00 500 or more $31,450.00